Full Description
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Contents
Abbreviations
Case Law
1 Introduction
Bertus de Villiers
2 The Mabo-Decision and the "Discovery" of Native Title in Australia and Beyond
George Barrie
3 The Elephant in the Room - Resolving Disputes about Membership of a Minority or Indigenous Community
Bertus de Villiers
4 Key Judgments on the Accommodation of Muslim Family Law in South Africa
Christa Rautenbach
5 The Role of the Constitutional Court in Protecting Minority Rights: A Case on Traditional Beliefs in Indonesia
Saldi Isra and Pan Mohamad Faiz
6 Land, Consultation and Participation Rights of Indigenous Peoples in the Jurisprudence of the Inter-American Court of Human Rights: The Cases of Kichwa Indigenous People of Sarayaku v. Ecuador and Kaliña and Lokono Peoples v. Suriname
Alexandra Tomaselli and Federica Cittadino
7 Litigating Linguistic Rights of National Minorities in Central, Eastern, and South-Eastern Europe
Francesco Palermo and Sergiu Constantin
8 International Treaty-based Protection of Minorities: Select Cases of the UN Human Rights Committee
Hennie Strydom
9 Comparing Jurisprudence from Five Continents: Concluding Observations in Search for Meaning through Intercultural Understanding
Joseph Marko
Index
